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ARTICLE · 31 MAY 2020

How long is a piece of economic loss?

Reflection on risks and evidentiary challenges associated with determining the date on which the economic losses cease.

AustraliaStrategy

With timing being the subject of the first article in our COVID-19 economic loss quantification series, it seems fitting that it is the issue that wraps up the series. I first discussed timing in the context of assisting clients attribute losses between a primary event (such as some tortious or negligent act) and the intervening event, in this case, COVID-19. In this article, I reflect on the risks and evidentiary challenges associated with determining the date on which the economic losses cease.

The uncertainties in an economic loss claim affected by an intervening event are, on balance, more likely to decrease as the period of time passes. This is simply because the passing of time allows us to understand how the business actually adapted to the intervening event and reliable information critical to the loss calculation becomes available. Let me explain by using the following example:

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